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Partial Birth Abortion Ban of 2003 Lakeisha, Megan, LaRonda, Karena
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What is partial birth abortion? The definition of partial-birth abortion in H.R. 1833 is "an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery." The procedure is called D&X or dilation and extraction.
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In the Beginning… In 1992 Dr. Martin Haskell presents a paper on a late-term abortion method known as dilation and extraction, or D&X, at a meeting of the National Abortion Federation. In 1993 The National Right to Life Committee obtains Haskell's paper, publicizes it and begins a campaign to outlaw the procedure. “The term was first coined by the National Right to Life Committee (NRLC) in 1995 to describe a recently introduced medical procedure to remove fetuses from the womb. Alternately known as "dilation and extraction," or D&X, and "intact D&E," it involves removing the fetus intact by dilating a pregnant woman's cervix, then pulling the entire body out through the birth canal.”
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Let the controversy begin This provocative policy has been put on and taken off the table for many years because of the endless debate. There were countless numbers of experts who gave statements giving their expert opinions on both sides. June 1995 : Rep. Charles Canady (R-FL) introduces a House bill called the Partial-Birth Abortion Ban Act to prevent the D&X procedure. Sen. Bob Smith (R-NH) proposes a similar bill in the Senate. November 1995 : The Partial-Birth Abortion Ban Act passes in the House of Representatives for the first time, 288-139. December 1995 : The act passes in the Senate for the first time, 54-44. April 1996 : President Clinton vetoes the Partial-Birth Abortion Ban Act. May 1997 : The bill is reintroduced, and approved in the Senate, 64-36. Oct. 8, 1997 : The bill is passed by the House, 295-136. Oct. 10, 1997 : President Clinton vetoes it for a second time.
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Pro-Life & Pro-Choice Statistics Pro-Life Pro-Choice National (adullts) 46% 47% No Religion 19% 68% Catholic 54% 38% Protestants/Other 57% 33% Postgraduate 37% 58% Republican 69% 27% Democrat 28% 67% Independent 45% 46%
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Pro-Life Position The National Right to Life Committee was the most active in the PBA act of 2003. “The mission of National Right to Life is to protect and defend the most fundamental right of humankind, the right to life of every innocent human being from the beginning of life to natural death” After the PBA procedure was introduced, the NRLC generated 1.1 million petitions to congress to ban this procedure. The term “infantcide” has been used by several organizations to describe this procedure. “The fetus is merely inches from being delivered and obtaining full legal rights of personhood under the US Constitution” - “partial-birth abortions involve the killing of a child that is in the process, in fact mere inches away from, becoming a 'person'" “With intact D&X, pain management is not provided for the fetus, who is literally within inches of being delivered. Forcibly incising the cranium with a scissors and then suctioning out the intracranial contents is certainly excruciatingly painful. “
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Pro Life Cont. “partial-birth abortion remains a disfavored procedure that is not only unnecessary to preserve the health of the mother” “The gruesome and inhumane nature of the partial-birth abortion procedure and its disturbing similarity to the killing of a newborn infant promotes a complete disregard for infant human life that can only be countered by a prohibition of the procedure.” “American Medical Association and Physicians Ad Hoc for Truth (PHACT) agreed that partial birth abortion is never necessary to protect a mother’s health or future fertility. One the contrary, it can pose a threat to her health and future fertility.” Ron Fitzsimmons — then and now the executive director of the National Coalition of Abortion Providers stated that “In the vast majority of cases, the procedure is performed on a healthy mother with a healthy fetus that is 20 weeks or more along. “20% are for genetic reasons. And the other 80% are purely elective (Dr. Haskell)” “The intact D&X procedure involves literally delivering the fetus so that only the head remains within the cervix.”
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Pro Choice Position NARAL, Planned Parenthood, and National Coalition of Abortion are some pro-choice organizations in the US. Abortions protect the health of women. These include women with preexisting medical conditions such as diabetes, hypertension and even cardiac disease and cancer. This group of complicated pregnancies also entails those with suspected fetal abnormalities including lethal fetal anomalies such as anencephaly (absent brain) and renal agenesis (absent kidneys). LACKS NECESSARY EXCEPTIONS TO PROTECT WOMEN'S HEALTH AND LIVES UNDERMINES PHYSICIANS' ABILITY TO USE THEIR BEST MEDICAL JUDGMENT IN CARING FOR PATIENTS IMPOSES AN UNDUE BURDEN ON THE RIGHT TO CHOOSE ABORTION -a woman should maintain control over that which is part of her own body (i.e., the autonomy argument). “Abortion-rights backers say the ban is a first step toward trying to outlaw all abortions.” '
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Results and Demographics Nov. 5, 2003 : The Partial-Birth Abortion Ban Act is signed into law by President Bush. “In the House, the final legislation was supported in 2003 by 218 Republicans and 63 Democrats. It was opposed by 4 Republicans, 137 Democrats, and 1 independent. Twelve members were absent, 7 Republicans and 5 Democrats. [15] In the Senate the bill was supported by 47 Republicans and 17 Democrats. It was opposed by 3 Republicans, 30 Democrats, and 1 independent”House Democrats [15]Senate
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Notable court cases challenging the ban. June 2004 : In Planned Parenthood v. Ashcroft, a federal district judge in California strikes down the law because of the "undue burden" it places on the woman and her health, and the vague language contained in it. August 2004 : In NAF v. Ashcroft, a New York district judge deems the law unconstitutional because it does not contain exceptions protecting a women's health. July 2004 : In Carhart v. Gonzales, three judges of the 3rd U.S. Circuit Court of Appeals unanimously agree that "because the Act does not contain a health exception, it is unconstitutional." September 2004 : In Carhart v. Ashcroft, U.S. District Judge Richard Kopf of Nebraska concludes that, "in the absence of an exception for the health of a woman, banning the procedure constitutes a significant health hazard to women." ] ]
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Facts 32 states have enacted the ban (11 states mirror the federal law) Partial Birth abortion was signed into law in Michigan in 2011. Michigan mirrors the federal law. 29 of the states have exceptions States are not required to report their abortion data to the CDC and privacy agreements in certain states require "strict confidentiality" on abortion-related fatality data. Making it difficult to gather statistics on health related abortion facts. “Any physician who... knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined under this title or imprisoned not more than two years, or both."
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References http://commdocs.house.gov/committees/judiciary/hju85987.000/hju85987_0.HTM ''Rationale for Banning Abortions Late in Pregnancy,'' written by Dr. Neerhof and M. LeRoy Spange, M.D. from the journal of the American Medical Association, Volume 280, No. 8, dated August 26, 1998 http://womensenews.org/story/the-nation/030728/partial-birth-abortion-term-puzzles- many-doctors#.VH6aXqUo6po http://www.prochoiceamerica.org/media/fact-sheets/abortion-bans-no-exceptions- endanger-women.pdf http://www.guttmacher.org/statecenter/spibs/spib_BPBA.pdf http://www.nrlc.org/abortion/pba/ http://www.law.cornell.edu/uscode/text/18/1531 http://www.gallup.com/poll/154946/non-christians-postgrads-highly-pro-choice.aspx
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